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Malaysia Case Law

Statutory compliance for remand procedures
  • 30 Jun 2022

    RAJA KUMAR A/L RAJOO XXXX

    Citation
    21NCVC-20-05/2015 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    21NCVC-20-05/2015 (Mahkamah Tinggi)

    Warrant of remand expired on 29.5.2012; Penjara Tapah correctly refused admission on 14.6.2012; the Plaintiff was unlawfully detained from 29.5.2012 to 10.7.2012 (43 days); remand became valid again from 11.7.2012 until High Court granted bail; Defendants acted ultra vires relevant statutes and rules in detaining Plaintiff without a valid warrant; claim for malice and misfeasance failed for want of proof; nominal general damage of RM10 awarded for unlawful detention period and exemplary/punitive damages of RM50,000 awarded for serious breaches; interest and costs awarded.